Best Ethical Practices in Negotiating Contracts and Settlements
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss critical issues relating to legal ethics in negotiations for attorneys. The panel will explore applicable rules and provide attorneys a deeper understanding of key ethical challenges in contract and settlement negotiations as well as provide practical tools for navigating these issues in their practice.
Outline
- Obligations on Lawyer
- Rule 1.1 Competence
- Rule 1.3 Diligence
- Rule 1.4 Communications
- Rule 8.3 Reporting professional misconduct
- Rule 8.4 Misconduct
- Deceit/Restrictions on Right to Practice
- Rule 1.8 Current clients;
- Rule 1.16 Declining or terminating representation
- Rule 4.1 Truthfulness in statements to others
- Rule 5.6 Restrictions on right to practice
- Rule 8.4 Misconduct
- Privilege and Conflicts
- Rule 1.2 Scope of representation and allocation of authority
- Rule 1.6 Confidentiality of information
- Rule 1.7 Conflict of interest
- Rule 3.3 Candor towards the tribunal
- Rule 8.4 Misconduct
Benefits
The panel will address these and other key considerations:
- What are the guiding ethical principles in contract negotiations?
- What are some of the most common ethical challenges encountered in drafting contracts?
- What are the key ethical considerations in negotiating the settlement of claims?
- What are some effective strategies for navigating the tension between zealous advocacy and adhering to ethical obligations in contract and settlement negotiations?
Faculty
Joseph A. Corsmeier
Owner/President
Law Office of Joseph A. Corsmeier
Mr. Corsmeier represents attorneys in all matters concerning the Florida Bar and/or the Florida Board of Bar Examiners.... | Read More
Mr. Corsmeier represents attorneys in all matters concerning the Florida Bar and/or the Florida Board of Bar Examiners. He has numerous years of experience representing lawyers and applicants alike and will strive to help you understand the process to contribute a more effective strategy. Mr. Corsmeier is an expert in his field and will remain steadfast in representation.
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Amber Bevacqua-Lynott
Senior Counsel
Buchalter
Ms. Bevacqua-Lynott is Senior Counsel in the Firm’s Portland and San Diego offices, and a member of the... | Read More
Ms. Bevacqua-Lynott is Senior Counsel in the Firm’s Portland and San Diego offices, and a member of the Firm’s Professional Responsibility and Litigation Practice Groups. She provides guidance and legal representation to attorneys, licensed professionals, and other business clients, including firms and in-house legal departments. Her practice centers on legal ethics, risk management, and discipline defense. Ms. Bevacqua-Lynott acts as outside counsel to clients in a variety of industries, providing advice and counsel on all manner of ethics issues, including conflicts, confidentiality, malpractice, risk management, and fee issues.
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Amy G. McClurg
Assistant Counsel
Thompson Hine
As a member of Thompson Hine’s Office of General Counsel, Ms. McClurg conducts research and advises the... | Read More
As a member of Thompson Hine’s Office of General Counsel, Ms. McClurg conducts research and advises the firm’s lawyers on a variety of substantive legal ethics, privilege and liability issues. She also reviews and analyzes business intake conflicts, outside counsel guidelines and ethical screens; advises the firm’s lawyers on bar admissions matters; and provides guidance on ethical and liability issues to administrative departments throughout the firm. In addition, Ms. McClurg has responsibility for co-editing Thompson Hine’s legal ethics blog, The Law for Lawyers Today, which has been named a top law blog by the ABA Journal.
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